Tenant Claims Fraud

January 1, 2009

LVT Number: #20968

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge since the base date four years prior to the filing of tenant's complaint. Tenant appealed. She claimed that landlord engaged in fraudulent conduct because landlord collected a rent increase in 1994 for apartment improvements that were never performed. The DHCR ruled against tenant. Rent Stabilization Code Section 2526.1(2)(ii) limits the DHCR's review of the rent history in an overcharge proceeding to the four-year period before the filing date of the complaint.

Tenant complained of a rent overcharge. The DRA ruled against tenant, finding no overcharge since the base date four years prior to the filing of tenant's complaint. Tenant appealed. She claimed that landlord engaged in fraudulent conduct because landlord collected a rent increase in 1994 for apartment improvements that were never performed. The DHCR ruled against tenant. Rent Stabilization Code Section 2526.1(2)(ii) limits the DHCR's review of the rent history in an overcharge proceeding to the four-year period before the filing date of the complaint. The DHCR can't review pre-base date rents based on tenant's claim of fraud.

Stuart: DHCR Adm. Rev. Docket No. WG210063RT (9/29/08) [2-pg. doc.]

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